Senate File 2348 - Introduced SENATE FILE 2348 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3014) (COMPANION TO HF 2250 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to tampering with witnesses, jurors, or 1 reporting parties, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5493SV (2) 90 as/js

S.F. 2348 Section 1. Section 720.4, Code 2024, is amended by striking 1 the section and inserting in lieu thereof the following: 2 720.4 Tampering with witnesses, jurors, or reporting parties. 3 1. As used in this section: 4 a. “Juror” means the same as defined in section 607A.3, 5 subsection 5. 6 b. “Reporting party” means a person who does either of the 7 following: 8 (1) Reports or attempts to report a public offense to 9 any fire department, law enforcement agency, emergency 10 communications center, or other public safety entity. 11 (2) Assists or attempts to assist a law enforcement agency 12 or a prosecuting agency in any criminal investigation or 13 judicial proceeding. 14 c. “Tampering” includes any of the following acts committed 15 against a witness, juror, or reporting party: 16 (1) Bribery or an attempt to bribe. 17 (2) Threats. 18 (3) Forcible or fraudulent detaining or restraining. 19 (4) Harassment as described in section 708.7, subsection 1. 20 (5) Assault as described in section 708.1, subsection 2. 21 (6) Any other public offense. 22 d. “Witness” means a person who is summoned to testify in 23 any judicial proceeding, arbitration, or legislative hearing, 24 or who is listed in the minutes of evidence as provided in rule 25 of criminal procedure 2.4 or 2.5. 26 2. A person shall not do any of the following: 27 a. With the intent to improperly influence the testimony of 28 an individual that the person believes is or may be a witness, 29 to prevent such individual from testifying, to encourage such 30 individual to disobey or avoid a subpoena or other legal 31 process, or to encourage such individual to withhold evidence, 32 information, or documents, or in retaliation for anything 33 lawfully done by such an individual, tamper with a witness. 34 b. With the intent to improperly influence the decision 35 -1- LSB 5493SV (2) 90 as/js 1/ 3

S.F. 2348 of any individual that the person believes is or may be a 1 juror, to prevent such individual from serving in a judicial 2 proceeding, or in retaliation for anything lawfully done by 3 such individual, tamper with a juror. 4 c. With the intent to improperly influence the statements 5 of an individual that the person believes is or may be a 6 reporting party, to prevent such individual from becoming a 7 reporting party, to encourage such individual to disobey or 8 avoid a subpoena or other legal process, or to encourage such 9 individual to withhold evidence, information, or documents, 10 or in retaliation for anything lawfully done by such an 11 individual, tamper with a reporting party. 12 3. A person who tampers with a witness, juror, or reporting 13 party, as described in subsection 2, commits a class “D” 14 felony. However, if the tampering occurs in a judicial 15 proceeding in which a defendant is charged with a class “A” 16 felony or a class “B” felony, a violation of this section is a 17 class “C” felony. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to tampering with witnesses, jurors, or 22 reporting parties. 23 The bill strikes current Code section 720.4 (tampering with 24 witnesses or jurors). The bill states that a person shall not, 25 with certain specified intent or in retaliation to a lawful 26 act of the witness, juror, or reporting party, tamper with the 27 witness, juror, or reporting party. 28 The bill provides that tampering with a witness, juror, 29 or reporting party is a class “D” felony. However, if the 30 tampering occurs in a judicial proceeding in which a defendant 31 is charged with a class “A” or class “B” felony, such tampering 32 is a class “C” felony. A class “D” felony is punishable by 33 confinement for no more than five years and a fine of at least 34 $1,025 but not more than $10,245. A class “C” felony is 35 -2- LSB 5493SV (2) 90 as/js 2/ 3

S.F. 2348 punishable by confinement for no more than 10 years and a fine 1 of at least $1,370 but not more than $13,660. 2 The bill defines “juror”, “reporting party”, “tampering”, 3 and “witness”. 4 -3- LSB 5493SV (2) 90 as/js 3/ 3